Board of Supervisors Meeting Date:


David W. and Rebecca J. Loving


July 14, 2005

Staff Lead:



Holly Meade, Senior Planner

Community Development


Magisterial District:








A Resolution to Approve the Request of David W. and Rebecca J. Loving to Reduce the Time Requirement of Section 2-39.3(A)(3) of the Fauquier County Subdivision Ordinance to Allow the Transfer of a Family Division Lot to a Non-Immediate Family Member


Topic Description:


In June 1996, David M. and Margaret Loving created a Ī2.0-acre lot as a family division for their son and daughter-in-law, David W. and Rebecca J. Loving.  The conveyance included the affidavit requiring that the grantee not transfer the property to a non-immediate family member for ten (10) years.  This lot and the residue parcel are located off Free State Road (Route 721) on Timber Heights in the Marshall Magisterial District (PIN #6957-17-2254-000).  The attached vicinity map shows the parcelís location. 


Mr. and Mrs. Loving are now requesting that the Board of Supervisors reduce the 10-year time requirement of Section 2-39.3.A.3 of the Subdivision Ordinance, before voluntarily transferring the property.  Section 2-39.14 of the Subdivision Ordinance states that, if the Board of Supervisors finds that an extraordinary hardship is caused by the ten (10) year restriction, it may reduce the time period to alleviate the hardship.  If approved, David W. and Rebecca J. Loving would have held the property for approximately nine (9) years and one (1) month.


Mr. and Mrs. Loving have recently purchased five acres on Freestate Road in Marshall where they would like to build a new home.  They are requesting permission to sell their home in the fall of this year so as not to create a hardship on their family finances by carrying two mortgages. Attachment 1 is a letter from Mr. and Mrs. Loving requesting the reduction.


The Board of Supervisors has approved approximately nine waivers of this type.  In the past, extraordinary hardships caused by the ten (10) year restriction have ranged from job transfers out of state, military duty, and severe financial hardship due to death, illness or divorce.


Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

Financial Impact Analysis:

No fiscal impact analysis was required with this request.

Identify any other Departments, Organizations or Individuals that would be affected by this request:





  1. Vicinity Map
  2. Applicantís Statement of Justification